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Mr. Cavanaugh told him Midwest Federal has a restrictive covenant in their agreement with Apache which prohibits putting another building within 200 feet of their building. He also said a building closer to Silver Lake Road would block the view of other mall tenants. When no further input to the discussion was offered, the Chair closed the hearing at 9:03 P.M. commissioners All in Favor of Granting Permit For the Restaurant, But Split 3 to 2 Against the Sigm Variance The following comments preceded the commission motions related to the requested conditional use permit and the sign variance, which were considered to be separate issues: Hansen indicated he would have no problem with . granting a conditional use permit for the restaurant, perceiving traffic congestion was a natural occurrence in shopping centers. and reasonable actions on the part of management can be taken to control traffic. He also said he thought the existing drives would be able to take care of the addition- al traffic generated by this facility, which would not be much different from the business .which was there before in terms of people coming and going. However, the Commissioner indicated he was opposed to the sign, perceiving the distance between the restaurant and the street was a result of choice by the center management, who he thought had several o'ther options for locating the restaurant on their property. He also said he didn't consider an 8 foot X 8 foot sign to be "small" as it had been described in the petition for a sign variance. He conceded that the restaurant might be hard to see from Silver Lake Road but pointed out that other large tenants in the mall suffered from the same lack of identification which the City has always been reluctant to remedy by allowing further signage. He indicated that he would hate to see signs for Penneys, Warners, etc. all start to appear along Silver Lake Road, which up to now the City has managed to keep residential appear- ing. The Commissioner answered the- Chairls- query about whether 'he would consider voting for a smaller sign by saying he would not. The Chair recalled a monument sign had been denied Zantigo's and remembered that when the City had allowed Apache management to add a sign for Herberger's below their center identification on the pylon sign, the Council had warned that this would be the last sign of this type which would be allowed at Apache. The general consensus was that they had meant on the pylon sign. Werenicz said he also favored granting the conditional use permit for a Burger King restaurant because he had noted that most of the Burger King facilities being constructed now were very nice buildings which are tastefully done and from his observations of the manner in which they 14